Moon v. Carter

Summary

The United States District Court for the District of Columbia grants the plaintiff’s application to proceed in forma pauperis but dismisses the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court concludes that the allegations against a federal district judge are irrational, insubstantial, and insufficient to support subject-matter jurisdiction.

Holdings

1. A complaint may be dismissed on initial review as frivolous when it lacks an arguable basis in law or fact, alleges irrational or wholly incredible events, or is plainly abusive of the judicial process; Plaintiff's complaint met those criteria.
2. Federal courts lack power to entertain claims that are otherwise within their jurisdiction when the claims are so attenuated and unsubstantial as to be absolutely devoid of merit; Plaintiff's complaint fell within that category.

Questions Presented

1. Whether the pro se complaint was frivolous or malicious and therefore subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(i).
2. Whether allegations that were irrational, wholly incredible, and devoid of legal or factual merit deprived the court of subject matter jurisdiction.

Disposition

dismissed